Judgment of the Court 3 October 1985

In Case 195/84 REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesverwaltungsgericht [Federal Administrative Court] for a preliminary ruling in the action pending before that court between

THE COURT composed of: Lord Mackenzie Stuart, President, G. Bosco, O. Due and C. Kakouris (Presidents of Chambers), P. Pescatore, T. Koopmans, U. Everling, K. Bahlmann and Y. Galmot, Judges, Advocate General: M. Darmon Registrar: P. Heim

after considering the observations submitted on behalf of: Denkavit Futtermittel GmbH, the plaintiff in the main proceedings, by Dietrich Ehle, Rechtsanwalt, Cologne, during the written and oral procedure, the Land Nordrhein-Westfalen, the defendant in the main proceedings, by Herbert Wolfering, Rechtsanwalt, Düsseldorf, during the written procedure, the Government of the Federal Republic of Germany by Martin Seidel, Ministerialrat at the Federal Ministry for the Economy, and Michael Loschelder, Rechtsanwalt, Cologne, during the written procedure and by Michael Loschelder during the oral procedure, the Government of the Italian Republic by Arnaldo Squillante, Head of the Department for Contentious Diplomatic Affairs, Treaties and Legislative Matters of the Ministry for Foreign Affairs, assisted by Ivo M. Braguglia, Avvocato dello Stato, during the written procedure and by Ivo M. Braguglia during the oral procedure, the Commission of the European Communities by its Legal Adviser, Peter Karpenstein, during the written and oral procedure,

after hearing the Opinion of the Advocate General delivered at the sitting on 9 July 1985,

gives the following

JUDGMENT

Decision

The background to the dispute

Observations of the parties

Substance

Costs

1 Language of the Case: German.